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Sir Duncan Watson KCMG

22/10

Foreign & Commonwealth Office LONDON SW1

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341

tiuntinies. HOME OFFICE JH.

WHITEHALL $WIA 2AP

TX 1415'

22 November 1973

Do

N. Pangsapur

の23

Champas G.GD

23/X1

Your department were

tinctly coordinating replies. Are the results available yet?

Abs zalı

Thank you for your letter of 14 November about the

application of the Fugitive Offenders Act to the dependent

territories.

I am glad to know that you have concluded that there is nothing that can be done about the particular case of Godber unless the Hong Kong Government are able to proceed against him for a returnable offence under the existing law. I agree that, if anything is to be done, it must be as a matter of general policy in relation to all the dependencies, and we are quite ready to consider it on that basis.

As you know, we are not at present convinced that it would he desirable or politically easy to propose the withdrawal or qualification of the double criminality safeguard, which is a widely recognised principle of extradition, and I am sure that it would be helpful if we could have an early meeting to discuss the matter. I have asked my secretary to arrange this as soon as possible, with an invitation to the Law Officers' Department to attend.

While I am not attracted by either of the alternatives suggested in paragraphs 9 and 10 of your letter, it would be very helpful if we were able to have before the meeting the list of offences which the double criminality rule is thon ht to exclude (or at least some examples of them) so that we

all see more clearly the nature and extent of the problem.

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